In November 1988, California voters approved the California Tobacco Tax and Health Protection Act of 1988 (PDF, 2.8MB), also known as Prop 99.
This initiative increased the state cigarette tax by 25 cents per pack and added
an equivalent amount on other tobacco products. The new revenues were earmarked
for programs to reduce smoking, to provide health care services to indigents, to
support tobacco-related research, and to fund resource programs for the
environment. The money is deposited by using the following formula: 20 percent
is deposited in the Health Education Account (HEA); 35 percent in the Hospital
Services Account; 10 percent in the Physician Services Account; 5 percent in the
Research Account; 5 percent in the Public Resources Account; and 25 percent in
the Unallocated Account (Revenue and Taxation Code 30124).
The HEA funds both community and school-based health education programs to
prevent and reduce tobacco use and is jointly administered by the California
Tobacco Control Program (CTCP) and the California Department of Education (CDE).
Currently, CTCP receives approximately two-thirds of the funding and CDE
receives approximately one-third of the funding available in the HEA. CTCP is
responsible for supporting a statewide tobacco control program, one of the
largest public health interventions of its kind ever initiated, nationally or
internationally. CTCP provides funding for 61 Local Lead Agencies (LLA),
competitively selected community-based organizations, a statewide media
campaign, and an extensive evaluation of the entire program. CDE administers
school-based funding to grades 4-8 based on an allocation method and to high
schools through a competitive grant program.
The enabling legislation for Prop 99 includes Assembly Bill (AB) 75 (Chapter
1331, Statutes of 1989), AB 99 (Chapter 278, Statutes of 1991), AB 816 (Chapter
195, Statutes of 1994), AB 3487 (Chapter 199, Statutes of 1996), Senate Bill
(SB) 99 (Chapter 1170, Statutes of 1991), SB 960 (Chapter 1328, Statutes of
1989), SB 493 (Chapter 194, Statutes of 1995); the annual State Budget; H&S
Code, Sections 104350-104480, 104500-104545; and the Revenue and Taxation Code,
Sections 30121-30130. The enabling legislation, the various codes, and the
annual State Budget, provide legislative and funding authority for programs
administered by CTCP to:
- Conduct health education interventions and behavior change programs at the
state level, in the community and in other non-school settings.
- Apply the most current research and findings.
- Give priority to programs that demonstrate an understanding of the role
community norm change has in influencing behavioral change regarding tobacco
use.
Legislation Relating to the California Tobacco Control
Program
Senate Bill No. 376 (PDF)
Restricts tobacco advertising
billboards within 500 feet of any school and restricts tobacco vending machines,
tobacco sampling and promotion, tobacco sales to minors, smoking in public
places and smoking in the workplace
Author: Frank Hill
Enacted: 1991
Topic:
Advertising
Affects multiple parts of California Code
Senate Bill No. 99, Chapter 1170 (PDF)
Includes guidelines for local lead
agencies, as well as extending local tobacco education programs to July 1, 1994
and developing a TCS program for the provision of tobacco education to pregnant
and postpartum women and other target groups
Author: Diane E. Watson
Enacted: Filed with Secretary of State
on October 14, 1991
Topic: Enabling Legislation
Noted as urgent to take
effect immediately
Affects multiple parts of California Code
Assembly Bill No. 99, Chapter 278 (PDF)
Extends the contracts created in AB
75 through July 1994 and specifies that the funds allocated for tobacco use and
prevention programs be allocated prospectively, to the counties, on a quarterly
basis
Author: Phillip Isenberg
Enacted: Filed with Secretary of State
on July 30, 1991
Topic: Enablign Legislation
Noted as urgent to take
effect immediately
Affects multiple parts of California Code
Assembly Bill No. 75, Chapter 1331 (PDF)
Enabling Prop 99 legislation
Author: Phillip Isenberg
Enacted: Filed with Secretary of State
on October 2, 1989
Topic: Enabling Legislation
Noted as urgent to take
effect immediately
Affects multiple parts of California Code
Assembly Bill No. 1830, Chapter 685 (PDF)
Prohibits the distribution or sale
of tobacco products directly or indirectly to any person under the age of
18
years through the United States Postal Service or through any other public or
private postal or package delivery
service at locations, including, but not
limited to, public mailboxes and mailbox stores, unless the distributor or
seller
meets the following provisions
Author: Dario Frommer
Enacted: Filed with Secretary of State on
September 18, 2002
Topic: Internet Sales and Taxation
Affects Section
22963 of the Business and Professions Code.
Senate Bill No. 1766, Chapter 686 (PDF)
Provides intent language that the
Legislature facilitates the collection of all applicable state surtaxes and
sales or use taxes on cigarettes sold to residents of California over the
Internet or by mail order
Author: Deborah V. Ortiz
Enacted: Filed with Secretary of
State on September 18, 2002
Topic: Internet Sales and Taxation
Affects
multiple parts of California Code
Assembly Bill No. 846, Chapter 342 (PDF)
This law prohibits smoking within
20 feet of main entrances, exits, and operable windows of any building owned,
leased and occupied by the state, county or city and buildings of the
University of California (UC), California State University (CSU),
and
California community colleges
Author: Juan Vargas
Enacted: Filed with Secretary of State on
September 8, 2003
Topic: Secondhand Smoke
Affects multiple parts of
California Code
Assembly Bill No. 188 Chapter 150 (PDF)
Smoking ban within a playground or
tot lot sandbox area
Author: Juan Vargas
Enacted: Filed with Secretary of State on
August 6, 2001
Topic: Secondhand Smoke
Affects Section 104495 of the
Health and Safety Code
Assembly Bill No. 3037, Chapter 989 (PDF)
Smoke-free workplaces, bars, and
restaurants
Author: Sal Cannella
Enacted: Filed with Secretary of State on
September 27, 1996
Topic: Secondhand Smoke
Affects Section 6404.5 of the
Labor Code
Assembly Bill No. 13 Chapter 310 (PDF)
Prohibits smoking in enclosed
workplaces
Author: Terry Friedman
Enacted: Filed with Secretary of State
on July 21, 1994
Topic: Secondhand Smoke
Affects Section 6404.5 of the
Labor Code
Assembly Bill No. 615 Chapter 335 (PDF)
Prohibits smoking in day care
facilities.
Author: Mike Gotch
Enacted: Filed with Secretary of State on
September 8, 1993
Topic: Secondhand Smoke
Affects Section 1596.795 of the
Health and Safety Code
Assembly Bill No. 686, Chapter 823 (PDF)
Vending Machines
Author: Curtis R. Tucker
Enacted: Filed with Secretary of State
on October 13, 1995
Topic: Vending Machines
Affects sections 22958 and
22960 of the Business and Professions Code
Assembly Bill No. 1595, Chapter 693 (PDF)
Requires each manufacturer, as
defined, or importer of cigars to place, or cause to be placed, one of 3
specified warning labels on each retail package of cigars packaged for sale
after September 1, 2000, and shipped for distribution in California
Author: Carole Migden
Enacted: Filed with Secretary of State on
October 10, 1999
Topic: Warning Labels
Affects multiple parts of
California Code
Senate Bill No. 757, Chapter 376 (PDF)
Clarifies and enhances the Stop
Tobacco Access to Kids Enforcement (STAKE) Act and authorizes
the Department
of Health Services to make targeted sting inspections of retail sites where
minors are being sold tobacco products
Author: Deborah V. Ortiz
Enacted: Filed with Secretary of State
on October 1, 2001
Topic: Youth Sales and Possession
Affects multiple
parts of California Code
Senate Bill No. 1849 Chapter 1166 (PDF)
Makes it unlawful to “possess”
tobacco products by every person under the age of 18 years.
Author: David G. Kelley
Enacted: Filed with Secretary of State
on September 30, 1996
Topic: Youth Sales and Possesion
Affects Section 308
of the Penal Code
Senate Bill No.1927 Chapter 1009 (PDF)
Stop Tobacco Access to Kids
Enforcement (STAKE) Act.
Author: Tom Hayden
Enacted: Filed with Secretary of State on
September 29, 1994
Topic: Youth Sales and Possession
Affects multiple
parts of California Code